Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 25

25 Debarking operations

(1) A person, other than a veterinary surgeon, must not perform an operation on a dog to prevent it from being able to bark or to reduce the volume of its bark (a
"debarking operation" ).

Penalty—

Maximum penalty—300 penalty units or 1 year’s imprisonment.

(2) A veterinary surgeon must not perform a debarking operation on a dog unless the surgeon—

(a) reasonably considers the operation is in the interests of the dog’s welfare; or

(b) has been given a relevant nuisance abatement notice and the surgeon reasonably considers the operation is the only way to comply with the notice without destroying the dog; or

(c) has been given an appropriate notice and the surgeon reasonably considers the only way to stop the dog’s barking from being a nuisance, without destroying the dog, is to perform the operation.

Penalty—

Maximum penalty—300 penalty units or 1 year’s imprisonment.

(3) For subsection (2) (c) , an appropriate notice means a notice signed by each owner of the dog asking the veterinary surgeon to perform the operation and stating each of the following—

(a) that, in the opinion of each owner, the dog’s barking is a nuisance;

(b) attempts have made to prevent the dog’s barking from being a nuisance;

(c) for each attempt—

(i) the nature of the attempt; and

(ii) enough details of the attempt to allow the veterinary surgeon to form a view under subsection (2) (c) ;

(d) that each attempt has been unsuccessful.

Example of an attempt—

behavioural approaches taken in consultation with a veterinary surgeon or animal behaviour expert

(4) In this section—

"bark" includes cry, howl and yelp.

"nuisance" , for barking, means interference with the reasonable comfort, peace or privacy of anyone.

"relevant nuisance abatement notice" means the original, or a copy, of a notice as follows relating to the dog—

(a) a nuisance abatement notice under the Environmental Protection Act 1994 (an
"EPA notice" );

(b) a notice, however called, under a local law if the notice—

(i) complies, or substantially complies, with the requirements for an EPA notice; or

(ii) has the same, or substantially the same, purpose as an EPA notice.